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PC - 2013-05 - Approving Conditional Use Permit 13-01, for The Operation of A Martial Arts Studio Located 8717 Garvey AvenuePC RESOLUTION 13 -05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 13 -01, FOR THE OPERATION OF A MARTIAL ARTS STUDIO LOCATED AT 8717 GARVEY AVENUE, (APN: 5289 - 010 -024). WHEREAS, on February 19, 2013, Ye Fe Wen submitted a Conditional Use Permit application to operate a martial arts studio, located at 8717 Garvey Avenue; and WHEREAS, 8717 Garvey Avenue, is located in the M -1 (Light Manufacturing and Industrial) zoning district; and WHEREAS, Section 17.112.020(6) of the Rosemead Municipal Code (RMC) permits the operation of education institutions in any zone upon the granting of a Conditional Use Permit; and A. The granting of such conditional use permit will be in harmony with the elements or objectives of the General Plan. B. The establishment, maintenance or conduct of the use for which the conditional use permit is sought will not be detrimental to the health, safety, peace, morals, comfort or general welfare of the persons residing or working in the neighborhood thereof; and C. The granting of such conditional use permit will not be detrimental or injurious to the property and improvements in the neighborhood or the general welfare. WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.112.010 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve or deny Conditional Use Permits; and WHEREAS, Sections 17.112.010 of the Rosemead Municipal Code specifies the criteria by which a Conditional Use Permit may be granted; and WHEREAS, on March 7, 2013, thirty -three (33) notices were sent to all property owners within a 300 -foot radius from the subject property, in addition to notices posted in six (6) public locations and onsite, specifying the availability of the application, plus the date, time, and location of the public hearing for Conditional Use Permit 13 -01; and WHEREAS, on March 18, 2013 , the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 13 -01: and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1. The Planning Commission HEREBY DETERMINES that Conditional Use Permit 13 -01 is categorically exempt from environmental review as a Class 9 Exemption pursuant to Section 15309 of the California Environmental Quality Act (CEQA) relative to projects consisting of inspections to check for the performance of an operation, or for quality, health, or safety of a project. Accordingly, Conditional Use Permit 13 -01 is classified as a Class 9 Categorical Exemption pursuant to Section 15309 of CEQA guidelines. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 13 -01 according to the criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The granting of such Conditional Use Permit will be in harmony with the elements or objectives of the General Plan. FINDING: The site is designated in the General Plan for Mixed Use: Industrial /Commercial and on the zoning map it is designated M -1 (Light Manufacturing and Industrial). The proposed use is in conformity with the General Plan in that M -1 (Light Manufacturing and Industrial) zoning is a corresponding zone district with the Mixed, Use: Industrial /Commercial General Plan land use category. Educational facilities are permitted in any zone upon the approval of a conditional use permit. B. The establishment, maintenance or conduct of the use for which the Conditional Use Permit is sought will not be detrimental to the health, safety, peace, morals, comfort or general welfare of the persons residing or working in the neighborhood thereof. FINDING: The proposed use will not endanger or be detrimental to surrounding properties as conditions of approval have been incorporated to prevent any unforeseeable impacts to the available parking within subject property. The business will be limited to a maximum number of students and instructors during each class period due to the limited amount of onsite parking. Parents will be prohibited from leaving their cars idling in the parking lot drive aisle so that onsite circulation is not impacted. C. The establishment, maintenance, and operation of the proposed use so applied for will not, under the circumstances of the particular case will not be detrimental or injurious to the general welfare of the City. FINDING: The proposed use will not be detrimental or injurious to the general welfare of the City as conditions of approval have been incorporated upon the issuance of this permit by limiting student and staff occupancy. Parents will be prohibited from leaving their cars idling in the parking lot drive aisle to prevent automobile fumes from impacting the general surrounding areas. SECTION 3 . The Planning Commission HEREBY APPROVES Conditional Use Permit 13 -01 to allow the operation of an education center located at 8717 Garvey Avenue, subject to conditions listed in Exhibit "B" attached hereto and incorporated herein by reference. SECTION 4 . This action shall become final and effective ten (10) days after the Planning Commission decision, unless within such time a written appeal is filed with the City Clerk for consideration by the Rosemead City Council as provided in Section 17.124.070 of the Rosemead Municipal Code. SECTION 5 . This resolution is the result of an action taken by the Planning Commission on March 18, 2013, by the following vote: YES: ENG, HERRERA, RUIZ NO: HUNTER ABSTAIN: NONE ABSENT: NONE SECTION 6 . The Secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 18 day of March, 2013. S ictor R 'z, air CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on the 18 day of March, 2013 by the following vote: YES: ENG, HERRERA, RUIZ NO: HUNTER ABSTAIN: NONE ABSENT: NONE Lm o iAd."' Michelle Ramirez, a retary APPROVED AS TO FORM: Gregory M. Murptly, anning Co mission Attorney Burke, Williams & Sorensen, LLP EXHIBIT "B" CONDITIONAL USE PERMIT 13 -01 8717 Garvey Avenue (APN: 5289 - 010 -024) CONDITIONS OF APPROVAL March 18, 2013 1. Conditional Use Permit 13 -01 is approved for the establishment of a martial arts studio to be developed in accordance with the plans marked Exhibit "C ", dated January 19, 2013. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Division. 2. Approval of Conditional Use Permit 13 -01 shall not take effect for any purpose until the applicant has filed with the City of Rosemead a notarized affidavit stating that he /she is aware of and accepts all of the conditions of approval as set forth in the letter of approval and this list of conditions, within ten (10) days from the Planning Commission approval date. 3. Conditional Use Permit 13 -01 is approved for a period of six (6) months from the Planning Commission approval date. The applicant shall initiate the proposed use, or request an extension within 30- calendar days before the expiration of the six (6) month approval period. Otherwise, Conditional Use Permit 13 -01 shall become null and void. 4! Prior to occupancy, the applicant shall obtain a City of Rosemead business license. 5. The Planning Commission hereby authorizes the Planning Division to make or approve minor modifications to the approved plans where necessary. 6. Conditional Use Permit 13 -01 is granted or approved with the City and its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and to modify the permit, including the conditions of approval based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the City, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on Conditional Use Permit 13 -01. 7. The onsite public hearing notice posting shall be removed by the end of the 10- day appeal period of Conditional Use Permit 13 -01. 8. The applicant shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead or its agents, officers, or employees to attack, set side, void, or annul, an approval of the Planning Commission and /or City Council concerning the project, which action is brought within the time period provided by law. 9. The following conditions must be complied with to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 10. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building divisions for review. 11. Class sessions will be held Monday through Friday, between the hours of 4:00 pm and 10:00 pm and on Saturday and Sunday, from 9:00 am to 6:00 pm. Private and semi - private lessons will be held between the hours of 8:00 am and 10:00 pm daily. The hours of operation shall be posted on the front window or door. (MODIFIED BY THE PLANNING COMMISSION ON MARCH 18, 2013) 12. The applicant shall comply with all Federal, State and, local laws relative to the approved use including the requirements of the Planning, Building, Fire, Sheriff, and Health Departments. 13. No portion of the lot, outside of the building, shall be used for storage of any type, unless designated and approved by the Planning Division. All trash and debris shall be contained within approved trash enclosure(s). 14. The numbers of the address sign shall be at least 6" tall with a minimum character width of 3/4 ", contrasting in color and easily visible at driver's level from the street. Materials, colors, location, and size of such address numbers shall be approved by the Community Development Director, or his or her designee, prior to installation. (MODIFIED BY THE PLANNING COMMISSION ON MARCH 18, 2013) 15. Occupancy will not be granted until all improvements required by this approval have been completed, inspected, and approved by the appropriate department(s). 16. The site shall be maintained in a graffiti -free state. Any new graffiti shall be removed within twenty -four (24) hours. A 24 -hour Graffiti Hotline can be called at (626) 569 -2345 for assistance. 17. The applicant shall maintain a minimum clearance of five (5) feet (free of any debris, storage, furniture, etc.) from any electrical /mechanical equipment and /or emergency exits. 18. The site shall be maintained in a clean, weed and litter free state in accordance with Sections 8.32.010 - 8.32.040 of the Rosemead Municipal Code, which pertains to the storage, accumulation, collection, and disposal of garbage, rubbish, trash, and debris. All trash containers shall be stored in the appropriate trash enclosure at all times. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. The trash enclosure doors shall be closed at all times. 19. The parking area, including handicapped spaces, shall be paved and re- painted periodically to City standards to the satisfaction of the Planning Division. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated parking stalls shall be double striped and have wheel stops. Such striping shall be maintained in a clear, visible, and orderly manner. 20. Adequate lighting shall be provided in the parking area where deemed appropriate by the Planning Division. All exterior lighting shall be directed away from adjacent properties. 21. The maximum number of students and employees present during any given class shall be limited to a maximum of five (5) students and one (1) employee in accordance with plans marked Exhibit "C" dated January 19, 2013. The applicant shall provide a ten (10) minute transition period between classes to allow for passage of students into and out of the site. 22. Any exterior signage shall be subject to the requirements of the Rosemead Municipal Code and the review and approval of the Planning Division prior to installation. 2 All driveway entrances and exits shall remain open and unobstructed at all times. 24. The martial arts studio shall require all parents and guardians to escort their children from their parked car to the center. The vehicles of parents' and guardians' shall not be permitted to idle in drive aisles at any time. 25. Violations of the conditions of approval may result in citation and /or initiation of revocation proceedings.